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K.Balasubramaniam (Advocate)     14 July 2011

Restore Petition

My client applied for divorce under Sec 13(1) (ia) in OP NO._________2007 sebsequently the husband applied for Restitution of Conjugan Rights under Sec 9 during 2008 and during 2010 both the earlier counsels convinced my client and asked her to withdrew the main OP_____2007 and they jointly applied for divorce under Sec13(b) Divorce by Mutual Consent.  After the lapse of six months the husband had failed to come for the hearing on repeated notices by court, he was present in the court campus but he has not come inside the court. He had wantonly done this to cheat my client.

I wanted to Restore the main OP No. which was withdrawn as dismissed.

When I approached the Honourable Justice for restore of the main OP No. the Justice has asked me to bring relevant citation so that the  Honourable Justice will consider the restore petition.

Kindly help me with Relevant Citations

 

 

 



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 1 Replies

Doveson (advocate)     14 July 2011

Instead of going for restoration, pack the guy from all sides by filing proceedings under 498A, DVA and under 125 crpc. Justify the delay by saying that u didn't want to create a scene etc. And that u wanted to settled but he is now acting dirty and hence u r now doing it. Everything will be over within weeks of ur doing it.

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